Judge denies Exxon Mobil request to reduce pollution fine

A federal judge in Houston denied Exxon Mobil's request to reduce a nearly $20 million civil penalty for releasing millions of pounds of air pollutants from its Baytown refinery over the course of eight years.

In a nine-page ruling, U.S. District Judge David Hittner rejected Exxon Mobil's contention that he should recalculate the amount of money the company saved by not making technological improvements - such as enhancing emissions monitoring with infrared imaging technology - that could have prevented violations of the Clean Air Act.

In a statement, the company said it disagreed with the ruling and would appeal Hittner's decision.

"Exxon Mobil's full compliance history and good faith efforts to comply weigh against assessing any penalty," said Suann Guthrie, a spokeswoman. "The court has recognized that none of the events in question actually or potentially harmed public health or the environment."

In April, Hittner ordered Exxon Mobil to pay the penalty for releasing 10 million pounds of pollutants into the air from the Baytown refining and chemical complex from 2005 to 2013, handing a victory to environmental groups that sued the company in 2010.

The judge found Exxon collected more than $14 million in economic benefits by delaying technological improvements.

In May, Exxon asked the court to reconsider that figure. It also said the court erred in using Oct. 14, 2005 as the starting date from which to assess the penalty because it was six years before the Texas Commission on Environmental Quality required it to make plant improvements.

Hittner disagreed, saying a previous ruling by the Fifth Circuit Court of Appeals made it clear the penalty is based on non-compliance with the Clean Air Act, not the date Exxon entered an agreement with the TCEQ.

Energy reporter for the Houston Chronicle. Houston native. Former banking and finance reporter.

Prior to joining the Houston Chronicle, Collin Eaton covered the local banking and finance scene at the Houston Business Journal. Before that, he held internships at newspapers in Texas and Washington D.C., generally writing about business, money or higher education. He graduated from the University of Texas at Austin in 2011.